US embassy cable - 05BAGHDAD3424

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003424 
 
SIPDIS 
 
E.O. 12958: DECL: 08/18/2025 
TAGS: PGOV, PHUM, KDEM, IZ, Parliament, Sunni Arab, Shia Coalition, Kurdish Alliance 
SUBJECT: CONSTITUTION UPDATE, AUGUST 19 -- MORE PROGRESS 
 
 
Classified By: DCM DAVID SATTERFIELD, REASON 1.5 (B) AND (D). 
 
1.  (C)  Leaders of the top Iraqi political factions, 
including representatives of the major Sunni Arab political 
groups, met at the Ambassador's residence on the morning of 
August 19.  While a line-by-line review slowly progressed, 
a variety of side-meetings focused on critical issues 
produced closure on all but the question of resources. 
Further Shia-Kurd discussions resulted in significant 
movement toward agreement on this issue, key to closing on 
an overall constitution text. 
 
In the August 19 morning meeting they agreed on: 
 
--  rewriting an article in the first section on basic 
principles.  Article 2 now reads that "the constitution 
will "safeguard" (instead of "respect") the Islamic 
identity of the majority of the Iraqi people and guarantee 
all the religious rights of all individuals, and the 
freedom of faith and religious practices."; 
 
--  taking out references to the Shia religious authority 
from the text; 
 
--  outlawing foreigners from owning real estate except in 
cases regulated by law; 
 
--  stipulating that the state would guarantee freedom of 
express and the press "as long as these do not violate 
public order and decorum." 
 
--  the principle of freedom of assembly and peaceful 
demonstration to be regulated by law; 
 
--  keeping in the text article 27 of the section that 
gives freedom to followers of all religions or sects the 
freedom to (a) practice religious rituals; (b) manage 
religious endowments, as regulated by law and (c) provides 
a guarantee by the state that all places of worship will be 
protected. 
 
--  keeping in the text article 28 that states that the 
"individual has freedom of thought, conscience and 
religion." 
 
--  using language from Deputy President Ghazi al-Yawer 
about the state promoting the interests of tribes while 
"forbidding tribal customs that are incompatible with human 
rights."  (Comment:  Iraqi women objected to any state 
support for tribal customs that might justify actions like 
honor killing.  The text now makes it clear the state will 
not support such acts.  End Comment.) 
 
2.  (C)  The group put aside until later many tougher 
issues, including Iraq's identity (there was yet again 
another long discussion between Kurds and Sunni Arabs on 
this today), on the personal status law (of great interest 
to those trying to preserve women's rights).  The group 
also put aside until later consideration about whether or 
not to include an article confirming Iraq's permanent 
unity. 
 
3.  (C)  The group agreed to convene again on the evening 
of August 19 where it will begin seeking final agreement on 
the structure of government.  Assuming there is time left, 
it will then have to address the contentious issues 
surrounding federalism. 
 
4.  (C) In the course of the day, the Ambassador conducted 
side discussions with key Shi'a and Kurdish leaders in an 
effort to broker a compromise on the treatment of natural 
resources.  In separate meetings, he proposed the following 
formulation to Jalal Talabani, Adil Abdel-Mahdi, and Masud 
Barzani: 
 
Begin Text: All of the oil and gas resources of Iraq are 
the property of the all of the people of all of the regions 
and governorates of Iraq. 
 
The development of oil and gas resources shall be to 
maximize the benefit for all the Iraqi people, taking into 
consideration market principles and encouraging investment. 
The federal government shall, in partnership with the 
governments of the regions and governorates, set forth and 
execute a policy for oil and gas.  This shall be regulated 
by law. 
 
In the meantime, until this law is enacted, the revenues 
from oil and gas shall be allocated equitably by the 
federal government, taking into account the demographic 
distribution and those Iraqi regions and governorates 
deprived during the former epoch, in a manner that enhances 
balanced development.  End Text. 
 
5.  (C)  Thus far, Talabani has responded favorably to this 
text, and Mahdi, after conferring with Hakim and others, 
has called with one word change: "cooperation" vice 
"partnership".  Barzani has committed to studying the 
language, consulting with his colleagues, and getting back 
to the Ambassador within the hour.  If closure can be 
reached on the resources issue, we will have achieved Shia- 
Kurd agreement, the key to closure on all five critical 
issues, and thus on the constitution. 
Khalilzad